U.S. CitiesCity-Data Forum Index
Go Back   City-Data Forum > General Forums > Retirement
 [Register]
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
View detailed profile (Advanced) or search
site with Google Custom Search

Search Forums  (Advanced)
Reply Start New Thread
 
Old 09-30-2010, 12:23 PM
 
10,834 posts, read 14,843,680 times
Reputation: 5095

Advertisements

My father died last year and his will had been prepared by a lawyer with 2 witnesses. My sister and I had some probate issues, and we never thought that, possibly, the will was no good.
We assumed since a lawyer wrote it, it was good.
However, today when I went to the office for the cemetery, the director mentioned that they needed a copy of my father's latest will, since he had paid for spaces for all 4 of us. He mentioned that everyone needs a will, soon or now, and not later. Then he said, make sure you have 3 witnesses, "because my brother's will only had 2 witnesses and it was a mess."

So, how many witnesses are needed?

If you can not trust a lawyer to write a will and they use two witnesses, the consumer can not have confidence in what is being said or done.

Anyone had an issue with a will because, of the number of witnesses to the signing?
Reply With Quote Quick reply to this message

 
Old 09-30-2010, 12:26 PM
 
Location: Coachella Valley, California
15,564 posts, read 36,549,039 times
Reputation: 13180
I'm a lawyer. You only need 2 witnesses for a will.
Reply With Quote Quick reply to this message
 
Old 09-30-2010, 02:07 PM
 
Location: Mtns of Waynesville,NC & Nokomis, FL
4,241 posts, read 8,078,290 times
Reputation: 5291
NC Law on Witnesses signing Will:

Witnesses: At least two witnesses must sign a North Carolina last will and testament either after witnessing the testator sign the will, or the testator's acknowledge of the signature.
The witnesses must sign in the presence of the testator but need not to be in the presence of each other.

Easy to GOOG the specifics in your state, but I'm w/TT, above: 2 witnesses.
GL, mD
Reply With Quote Quick reply to this message
 
Old 09-30-2010, 02:41 PM
 
10,834 posts, read 14,843,680 times
Reputation: 5095
state in question is S.C.
Reply With Quote Quick reply to this message
 
Old 09-30-2010, 02:48 PM
 
10,834 posts, read 14,843,680 times
Reputation: 5095
everyone is correct:
How many witnesses are required? In all states, two (2) witnesses are required for a valid last will. If your last will is notarized, the notary does NOT count as one of the witnesses.
Last Will and Testament Drafting

and choosing a particular state you get each state law:
South Carolina Last Will and Testament--Law Summary / Links
[SIZE=2]SECTION 62-2-502. Execution. Except as provided for writings within Section 62-2-512 and wills within Section 62-2-505, every will, shall be in writing signed by the testator or in the testator's name by some other person in the testator's presence and by his direction, and shall be signed by

.............at least

two persons each of whom witnessed either the signing or the testator's acknowledgment of the signature or of the will.[/SIZE]
Reply With Quote Quick reply to this message
 
Old 09-30-2010, 02:58 PM
 
10,834 posts, read 14,843,680 times
Reputation: 5095
I do not know the circumstances of the cemetery managers's brother's will. It may have been a case, where one of the two witnesses did not fully meet the state definition of who can be a witness and someone said, in passing, "you needed 3 witnesses" (that way they would have had two good ones, and not one good one and one borderline)
Reply With Quote Quick reply to this message
 
Old 10-02-2010, 02:53 PM
 
Location: Florida
4,359 posts, read 3,694,371 times
Reputation: 4085
The law varies by state. You also want to make sure it is a self proving will if your state permits. Also make sure the attorney who draws up the will does not make himself the attorney for the estate.
Reply With Quote Quick reply to this message
 
Old 10-02-2010, 04:58 PM
 
Location: Henderson, NV
3,453 posts, read 2,253,777 times
Reputation: 36547
Default Witnesses

It's two in Wisconsin and two in Nevada.
Reply With Quote Quick reply to this message
 
Old 10-02-2010, 05:01 PM
 
10,812 posts, read 8,058,272 times
Reputation: 17015
Quote:
Originally Posted by howard555 View Post
Then he said, make sure you have 3 witnesses, "because my brother's will only had 2 witnesses and it was a mess."
If his brother's will was "a mess" (meaning it was written or formatted poorly), it would have been a mess no matter how many witnesses signed it.

edit to add: what I'm trying to say is that it's the will itself, and not the number of witnesses, that can cause trouble.
The only way the witnesses can confuse matters is if one or the other is mentioned in the will, ie has a participatory interest, or is underage, or otherwise legally ineligible.
The two witnesses that had signed my mother's will both pre-deceased her. That didn't cause any problems when we executed her will.

Last edited by biscuitmom; 10-02-2010 at 05:09 PM..
Reply With Quote Quick reply to this message
 
Old 10-03-2010, 08:52 AM
 
Location: Bar Harbor, ME
1,922 posts, read 3,778,428 times
Reputation: 1292
Don't scrimp on a Will. Its all you have to get from a life time of saving by the deceased. Hire a good lawyer and pay the money. Your children and those who you give your estate to will be happy.

Furthermore, by them a copy of THE EXECUTOR'S HANDBOOK and include it with the Will. Give your people an exact description of all your assets and where they are and how to get at them. Give them a desciption of what to do exactly to settle your estate, or hire an estate lawyer to guide you through the steps.

Having done this for my aunt when i got 80% of her estate, I know what an incredible pain it can be if you don't have a step by step set of instructions----BEYOND THE WILL ITSELF.

Z
Reply With Quote Quick reply to this message
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.

Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.


Reply
Please update this thread with any new information or opinions. This open thread is still read by thousands of people, so we encourage all additional points of view.

Quick Reply
Message:


Over $104,000 in prizes was already given out to active posters on our forum and additional giveaways are planned!

Go Back   City-Data Forum > General Forums > Retirement
Similar Threads
Follow City-Data.com founder on our Forum or

All times are GMT -6.

2005-2019, Advameg, Inc. · Please obey Forum Rules · Terms of Use and Privacy Policy · Bug Bounty

City-Data.com - Archive 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35 - Top